Montenegrin Constitutional Rights Clauses
The Montenegrin Constitution's first chapter is called Citizen Rights and Freedoms. Unlike most other constitutions in the world, the Montenegrin Constitution does not recognise any universal human rights and freedoms and this chapter is considered the corresponding part of the constitution. The chapter is very controversial abroad, as it is opposed by human rights organisations, animal rights movements and even the United Nations. Nevertheless, the chapter is protected by the First Independent Clause of the Constitution, whereby any part of the constitution can only be changed with a 60% majority vote in a referendum. The established practice in Montenegro is that whenever critics join forces to attack any article in this chapter, the government will call for a referendum. More than 20 referendums have been held under this practice, but none of which have more than 20% of the population voting for change. Main summary of the chapter Fundamental Rights and Freedoms Associated with Citizenship *Right to live *Right to equality *Right to education *Right to healthcare *Right to security protection and protection from exploitation *Right to petition referendums (referred to the chapter On Referendums and Elections) *Right to private ownership, and the protection of their properties *Right to just trial *Right to participate in elections and referendums *Freedom of speech *Freedom of peaceful assembly *Freedom of internal travel *Freedom of marriage between humans *Freedom from fear *Rights in courts (see below) Rights in courts *Right to keep silent *Right to a speedy and public trial *Right to be informed of charges *Right to confront witnesses *Right to assisstance of counsel Limits of the rights *The Third Amendment stipulates that Montenegro does not recognise human rights of the citizens of an enemy state. This, for example, allowed the Imperial Montenegrin Armed Forces to be freed from any charges on any civilian casualties. This is known to play a major role in the efficiency of the Montenegrin forces compared to other Western militaries. *The Fifth Amendment stipulates that rights of non-resident foreign nationals when within Montenegrin territory is recognised only in accordance with bilateral agreements with the concerned state. For example, a non-resident Syrian when in Montenegrin territory will not have any recognised right, because there is no bilateral Montenegrin - Syrian agreement in place on the matter. Residents are always treated as citizens; the only exception is that residents do not have the right to participate in elections and referendums. *The Sixth Amendment stipulates that Montenegro is not allowed to recognise any rights of animals. The ban on eating dogs and cats in Montenegrin law were thus argued as in accordance with Montenegrin cultural traditions. In accordance with this amendment, Montenegro does not ban activities such as bestiality, animal euthanasia, researching with animal subjects, vivisection, bull fighting, animal circuses and human ownership. A 2005 referendum added to the On Referendum and Elections an article banning the participation of any organisation "which wishes to revise or change the Sixth Amendment" from participating in legislative elections at any level, with 78.4% for and a turnout of 92%. The Montenegrin Green Party, previously holding several mandates in provincial legislatures, was banned from participating in elections subsequently and disbanded in 2008. The largest current registered animal rights political organisation, the Montenegrin Animal Rights Campaign, has only about 500 members.